Court Reviews Student's "Disturbing" Essay

Appeals Court Examines Case Against Georgia Girl Who Wrote About Killing Her Math Teacher

(AP)  Less than two weeks after the deadliest shootings in modern U.S. history, members of a federal appeals court had skeptical questions in the case of a student who was suspended over a story she wrote about shooting and killing her math teacher.

A lawyer for former Roswell High School student Rachel Boim on Friday asked members of the 11th U.S. Circuit Court of Appeals to strike the suspension from her record.

Boim's attorney, Allan Galbraith, insisted Boim's journal entry was pure fiction.

"Can an uncommunicated work of fiction serve as the basis of punishment by the government?" Galbraith asked.

But Judge Stephen Limbaugh said he had difficulty believing the "disturbing" work was fiction.

"This writing is targeting a particular person and talked about a gun," Limbaugh told Galbraith. "I thought it was a very scary fiction, if that's what you say it is. If it was fiction in a story, she should have kept it at home."

The conflict arose in October 2003 when a teacher from Roswell High School confiscated a notebook with the story written by Boim and reported it to school administrators.

Boim's story describes a student going through the school day hiding a gun in her pocket. As her math teacher takes attendance, the student prepares to shoot him. At the end of the story, the student wakes up, having only dreamt the incident.

"I loathe him with every bone in my body," she wrote. "Why? I don't know. This is it. I stand up and pull the gun from my pocket. BANG the force blows him back and every one in the class sit there in shock. BANG he falls to the floor and some one lets out an ear piercing scream. Shaking I put the gun in my pocket and run from the room."

The ninth-grader later was suspended for 10 days for violating school rules that included disrespectful conduct and threat of bodily harm.

Boim, who now attends a private school, wants the suspension expunged from her school record. But a U.S. District Court last year ruled Boim was not entitled to have her record changed.

The three-judge appeals court panel heard 30 minutes of oral arguments from Boim's attorney and lawyers for the Fulton County School District. They issued no immediate ruling. Their decisions typically can take weeks before they are released. Boim did not attend the hearing because she was attending school.

To reverse last year's District Court ruling, the appeals panel would have to determine the school district violated Boim's First Amendment right to free speech by suspending her.

Two of the panel's members voiced concern over the dangers of school violence and seemed to disagree with the characterization by Boim's attorney that the story was just fiction.

"What do you think would have happened if ... this young woman ended up shooting and killing the math teacher, what situation would we have then?" asked Judge Joel F. Dubina. "With what happened at Virginia Tech, you think those writings (of shooter Seung-Hui Cho) would be a work of fiction?"

In a case that gained immediate international notoriety, Cho shot to death 32 people and then took his own life April 16 at Virginia Tech.

Eric Brewton, representing the school district, said school officials acted cautiously because they had no way of knowing if Boim intended to act out her story. Brewton asked the panel not to overturn the District Court's ruling so school administrators would not have to worry about whether they will be sued each time they take action to protect students and staffers.

[mercyme884]

You can't tell a person what to think. This is not communist Russia. This country was founded by free-thinking men. If they had listened to Great Britain we would still be bowing to a Queen. Free thinking is what made this country what it is. Not a bunch of fools trying make robots of children.

[agnim]

There is significant that should trigger concern by the PARENTS for some time, she is a YOUNG and foolish FEMALE!

Such destructiveness in the thinking of a YOUNG FEMALE should be a concern to everyone.

The judges should send a strong message that such pre-planning of violence is suspect and should not be tolerated in a CHILD'S mind, and especially not in a FEMALE CHILD'S mind!

The dysfunctional family should be force to seek professional help if they persist with the foolish idea of confusing political 'free speech' with wrong and destructive thinking of a CHILD!

[undermyboot]

It's amazing how ignorant these isolated fools can be. No kaili3- "nanny society" does NOT refer to your mommy having a nanny. LMFAO. It refers to the kind of intrusive nanny government you are advocating, where every slight variation from what YOU (God Help us) think is normal is considered needing "evaluation". It refers to a world where everyone is made safe from everything BUT the government and people like you who "know better" than your lessers. It refers to the kind of world where YOU are under MY boot because deep down inside you are a coward and would love a police state because it would give you a false sense of security. Your advocacy comes as someone who is so afraid of the world that they see danger in every corner and are compelled to isolate themselves and their kids from the real world. I promise, my boot will be gentle as long as you lick it.... LMAO

[undermyboot]

kaili3's kids need to be "checked out" by the government. They meet this idiots own criteria for evaluation- obviously under the influence of crazy and isolationist ideas spawned by a religious home-schooling extremist fringe. LMAO. Yeah- you stupid fool- you think they will apply their evaluations to only those YOU think "need help"?!! LOL You are such a naiive fool. You are the first ones who will be deemed "needing evaluation" and "therapy". Go home school yourself in your own circular sense of richeousness. Your kind are an evolutionary dead end. Just don't try to bring the rest of us along with you. LMFAO

[hhusted]

kaili3,

Shut up. Your comments are out of line. Freedom of speech should overide here. Her rights were violated and the whole school board should be put on trial for violating the girl's right to free expression.

[kaili3]

and your an idiot because you think stunts like her's deserve no attention.
im not saying to kick her out of school,have her checked out and make sure she get's help if needed.
if we don't help kids like this,we do see chaos and trouble ahead for them,nip it in the bud now,before it is too late.

[kaili3]

and you are nothing but an ignorant a.s.s. h.o.l.e.

you can not talk to people as you are,people just find you vulgar and STUPID.
for your information,my mom never had a nanny,
she was a working mom along my dad.
a lot of parents fear for their childrens safety now,with all the *** that goes on who wouldn't be?
oh, but your mister tough,you probably don't care about your kids safety,i care about my kids,that is why she is homeschooled.

[bhappy2-2]

I can't believe what I have just read! So, now a work of fiction is an automatic decree of evil intentions? Someone needs to let the best-selling authors around the world know, their livlihood is about to get them thrown in prison! And to think, just yesterday an officer of the law refused to take action when a neighbor threatened to kick another neighbors butt because "until they do something, it's just words, they have not broken any laws. Until a law is broken, my hands are tied".

[undermyboot]

*** you are dumb. It's obvious what generation you are from. Fools deserve no respect, especially those who would give away others' freedom because they stupidly think they can be "made safe". Another worthless product of the nanny society we've created. LMFAO

This little girl WROTE some fiction. She blew off some steam. The only way to "be sure" about the "danger" people pose is to have everyone evaluated by the government for "deviant behavior". No doubt you would fall in that categoy. You would be "treated", and we would be thankfully rid of your simpering fearful cowardice. The only "safe" society is a police state. Lick my boots you fool.

[kaili3]

she needs help sir.
please don't speak to me like that.
i graduated in 1996,it was bad then,it has only gotten worse,i have friends with kids in high school,it is tough.
the thing is,kid's are more violent now,and if we can catch them before they do something drastic,we can help these kids,and potential victims,look at VA tech.
i am not saying this kid would seriously do anything ,but hey you never know.
i hope she is in therapy.